SHIMMICK CONSTRUCTION CO., INC./OBAYASHI CORP. JV.

By: Rick Waldinger

42  COR 40-7263 [¶22,489]

INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) – TRAINING
Cal. Code Regs, tit. 8, §§ 1509(a), 3203(a)(7) (2015) – Employer failed to implement and maintain an effective IIPP. It failed to follow its written procedures for training new employees, or identifying and evaluating workplace hazards.

WASHING FACILITIES, FOOD HANDLING, AND TEMPORARY SLEEPING QUARTERS – WASHING FACILITIES
Cal. Code Regs, tit. 8, § 1527(a) (2015) – A nonwater carriage toilet facility was located inside of the toilet facility.

EXCAVATIONS – WARNING SYSTEM FOR MOBILE EQUIPMENT
Cal. Code Regs, tit. 8, § 1541(f) (2015) – Employer operated a backhoe adjacent to a 4-foot wide trench, measured at a depth of 11 feet, without utilizing any warning system.

STANDARD RAILINGS – DESIGN AND CONSTRUCTION OF RAILINGS
Cal. Code Regs, tit. 8, § 1620(c) (2015) – Employer’s railing system, including connections and anchorage, was not capable of withstanding a force of at least 200 pounds.

FIRE PROTECTION – PORTABLE FIRE EXTINGUISHERS, MOUNTED AND IDENTIFIED
Cal. Code Regs, tit. 8, § 6151(c)(1) (2015) – Employer’s portable fire extinguishers were neither mounted nor identified.

FIRE PROTECTION – ANNUAL MAINTENANCE CHECK
Cal. Code Regs, tit. 8, § 6151(e)(3) (2015) – Employer’s portable fire extinguisher had no annual maintenance check.

EXCAVATIONS – SUBSURFACE INSTALLATIONS PROTECTED, SUPPORTED OR REMOVED
Cal. Code Regs, tit. 8, § 1541(b) (2015) – Employer failed to protect or support subsurface installations and either knew, or could have known, that the subsurface installations were not protected, supported or removed.

EXCAVATIONS – INSPECTION BY COMPETENT PERSON
Cal. Code Regs, tit. 8, § 1541(k) (2015) – No competent person inspected a specified trench on the day at issue.

EXCAVATIONS – STANDARD GUARDRAILS
Cal. Code Regs, tit. 8, § 1541(l) (2015) – Employer failed to provide guardrails on a walkway or bridge that employees used to cross over an excavation.

EXCAVATIONS – REQUIREMENTS FOR PROTECTIVE SYSTEMS, INSTALLATION AND REMOVAL OF SUPPORTS
Cal. Code Regs, tit. 8, § 1541.1(e) (2015) – Employer failed to ensure that the bottom member of the protective system was no more than 2 feet from the bottom of the excavation.

STANDARD RAILINGS – DESIGN AND CONSTRUCTION OF RAILINGS
Cal. Code Regs, tit. 8, § 1620(a) (2015) – Employer failed to ensure that a mid-rail was half-way between the top rail and the ground level.

HAZARDOUS SUBSTANCES AND PROCESSES – CHANGING AND CHARGING STORAGE BATTERIES, FACILITIES FOR QUICK DRENCHING OR FLUSHING OF EYES
Cal. Code Regs, tit. 8, § 5185(l) (2015) – Facilities for quick drenching or flushing of the eyes were not provided to employees.

EXCAVATIONS – SUBSURFACE INSTALLATIONS
Cal. Code Regs, tit. 8, § 1541(b) (2015) – Employer willfully failed to take safe and acceptable means to prevent damage to a subsurface installation by not using hand tools to excavate within the area of its approximate location.

EXCAVATIONS – REQUIREMENTS FOR PROTECTIVE SYSTEMS
Cal. Code Regs, tit. 8, § 1541.1(a) (2015) – Employer willfully failed to ensure that the excavation at its trench was adequately protected against cave-ins.

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